Domestic violence has become a major contributor to the growing divorce rates. As new laws emerge, it is possible to acquire further protection against spouses who are abusive. These laws allow you to seek a legal representative that can help you throughout your divorce case. If you need legal assistance with a divorce case which involves domestic violence, you should visit the website for further details.
Acquiring an Order of Protection
The first step in obtaining an order of protection is to contact law enforcement and press formal charges against your spouse for domestic violence. They will be arrested and booked for these charges. After they are taken into custody, you should contact an attorney and explain the circumstances of this occurrence. Your selected attorney files a motion with the court to obtain the order and when necessary you and your children are placed into a shelter for your protection.
Violations of the Court Order
Since the protection order is classified as a court order, it is upheld in the same fashion. Your spouse is provided with a copy of the document and explained his or her rights in relation to this order. If he or she violates it, you should contact local police. All violations that occur during your divorce case are taken into consideration. This could present you with a quicker turnaround for the finalization of the divorce. It may also provide you with leverage in your custody case, especially if he or she continues to exhibit dangerous behavior patterns.
Child Advocate Lawyers
During cases in which children are involved, the judge assigns a child advocate lawyer to represent them. This allows the child to identify any potential risks and share their thoughts and feelings in relation to where they want to live. However, the judge must determine in which home the child’s best interests lie.
In divorce cases in which domestic violence is an issue, judges provide additional protection for the victim. This order doesn’t just protect the victim but also any children who are involved. This may require supervised visitation to determine whether or not the other parent is a risk to the children. Cases in which domestic violence was claimed but not proven may cause a conflict and lead to assignment of custody to the parent who didn’t spread any allegations. To review your rights to protection today, contact your preferred attorney now.